President of the Cincinnati, Union, & Fort Wayne Railroad v. Sipe

This was a suit in the nature of an action of trespass, commenced by Sipe against the company, in which he alleged that he was the owner of certain lands, and that the company, by the construction of their road over the same, had committed injuries, &c., to the damage, &c.

An answer containing five paragraphs was filed. THe issue made upon the fifth, presents the question to be first settled.

That paragraph averred that the company had the title to the right of way, through and over said land, eighty feet in width, as located, &c. • The reply to this paragraph was a denial.

It is insisted by the…